RFP_N0002417R2316_dtd_08252017.docx
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- N00024-17-R-2316
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RFP N0002417R2316
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| N0002417RC2316_0003.docx | DOCX document | |
| Bidder's_Questions_1-5.docx | DOCX document | |
| N0002417R2316_Amendment_0002_.docx | DOCX document | |
| Bidder's_Questions_1-2.docx | DOCX document | |
| N0002417R2316_Amendment_0001.docx | DOCX document | |
| S-5_-_Contractor_Award_Announcement_Information.docx | DOCX document | |
| S-4_-_Compliance_Checklist.docx | DOCX document | |
| S-2_-_Cost_Exhibits.xls | XLS spreadsheet | |
| J-1_-_Contract_Data_Requirements_List.pdf | ||
| S-1_-_Bidders_Questions_Form.xlsx | XLSX spreadsheet | |
| J-5_-_DD254.pdf | ||
| DRAFT_RFP_N00024-17-R-2316_dtd_07272017.docx | DOCX document | |
| J-5_-_DD254.pdf | ||
| S-5_-_Contractor_Award_Announcement_Information.docx | DOCX document | |
| S-3_-_Craft-Trade_Hours.xlsx | XLSX spreadsheet | |
| S-2_-_Cost_Exhibits.xls | XLS spreadsheet | |
| J-1_-_Contract_Data_Requirements_List,_DD_Form_1423,_Exhibit_A.pdf | ||
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N0002417R2316
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0001
| 1 |
| Lot |
PSA for RALPH JOHNSON (DDG 114)
CPAF
Provide Engineering and Management in support of Post Shakedown Availability (PSA) for RALPH JOHNSON (DDG 114).
FOB: Destination
ESTIMATED COST
BASE FEE
SUBTOTAL EST COST + BASE
MAX AWARD FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0002
| 142,000 |
| Hours |
Level of Effort & Material for
RALPH JOHNSON (DDG 114). Provide effort and material to complete performance of PSA Work Items inclusive of Tests and Post Repair Sea Trials for RALPH JOHNSON (DDG 114). CLIN 0002 is a Level of Effort CLIN. See Level of Effort clause.
ESTIMATED COST
BASE FEE
SUBTOTAL EST COST + BASE
MAX AWARD FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0003
| 7,500 |
| Hours |
FCT, Fleet Readiness & Inspection
& Emergent Work. Provide additional effort to support Fleet and TYCOM Readiness Inspections, Final Contract Trials (FCT), correct related deficiencies, and complete emergent work for RALPH JOHNSON (DDG 114). CLIN 0003 is a Level of Effort CLIN. See Level of Effort clause.
ESTIMATED COST
BASE FEE
SUBTOTAL EST COST + BASE
MAX AWARD FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0004
| 10,000 |
| Hours |
| OPTION |
| Industrial Support for SHIPALTs (OPN) |
CPAF
Industrial Support and Material for OPNAV Funded Installations. Provide Industrial Support for OPN Funded SHIPALTS for installation during the RALPH JOHNSON (DDG 114) PSA. CLIN 0004 is a Level of Effort CLIN. See Level of Effort clause. See Note A.
ESTIMATED COST
BASE FEE
SUBTOTAL EST COST + BASE
MAX AWARD FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0005
| 1 |
| Lot |
Data
COST
Data for Items 0001, 0002, 0003, and if exercised Options 0004 and 0101. Not Separately Priced (NSP) - Price is included in the price of Items 0001, 0002, 0003, and if Options are exercised, 0004 and 0101. (See DD Form 1423, Exhibit A, attached hereto).
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CLIN Number 0101
| 1 |
| Lot |
| OPTION |
| Availability Extension |
CPAF
Provide all services outlined in CLIN 0001 to extend the availability for RALPH JOHNSON (DDG 114) See Note A.
ESTIMATED COST
BASE FEE
SUBTOTAL EST COST + BASE
MAX AWARD FEE
TOTAL EST COST + FEE
NOTE A – Option item to which the Section I clause, 52,217-9, “OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEA VARIATION) (APR 2015)” applies, and which is to be supplied only if and to the extent said option is exercised.
B-1 ACRONYMS AND ABBREVIATIONS IN THIS DOCUMENT
ACO – Administrative Contracting Officer ACP – Access Control Plan AD – Aircraft Division AFB – Award Fee Board AIT – Alteration Installation Team BIW – Bath Iron Works C/S – Combat Systems CAO – Contract Administration Office CDRL – Contract Data Requirements List CFE – Contractor Furnished Equipment CG – Cruiser CLIN – Contract Line Item Number COMNAVSEA – Commander, Naval Sea Systems Command COR – Contracting Officer’s Representative CPARS – Contractor Performance Assessment Reporting System CPI – Cost Performance Index CPIR – Contract Problem Identification Report DCAA – Defense Contract Audit Agency DDG – Guided Missile Destroyer DFARS – Defense Federal Acquisition Regulation Supplement DPMA – Drydocking Phase Maintenance Availability DPL – Direct Production Labor DSRA – Drydocking Selected Restricted Availability EAC – Estimate at Completion EDSRA - Extended Drydocking Selected Restricted Availability ESRA – Extended Selected Restricted Availability FAR – Federal Acquisition Regulation FCCM – Facilities Capital Cost of Money FCT – Final Contract Trial FDO – Fee Determining Official FOA – Fitting Out Availability FPRA – Forward Pricing Rate Agreement FTSC PAC – Fleet Technical Service Center, Pacific GFE – Government Furnished Equipment GFI – Government Furnished Information GFM – Government Furnished Material GFP – Government Furnished Property HII – Huntington Ingalls Industries, Incorporated HM&E – Hull, Mechanical, and Electrical IMS – Integrated Master Schedule IWS – Integrated Warfare Systems LCS – Littoral Combat Ship LHA – Landing Helicopter Assault LHD – Landing Helicopter Deck LOA – Light Off Assessment LOE – Level of Effort LPD – Landing Platform/Dock LSD – Landing Ship/Dock NAVSEAINST – Naval Sea Systems Command Instruction NAWC – Naval Air Warfare Center NSA – Naval Supervising Activity NSWCCD – Naval Surface Warfare Center Carderock Division NSWCDD – Naval Surface Warfare Center Dalghren Division NSWCPD-Naval Surface Warfare Center Philadelphia Division NSWCPHD – Naval Surface Warfare Center Port Hueneme Division OPN – Other Procurement, Navy OQE – Objective Quality Evidence OWLD – Obligation Work Limiting Date PCD – Production Complete Date PCO – Procuring Contracting Officer PEO – Program Executive Office PMA – Phased Maintenance Availability PMS 400D – AEGIS (DDG 51) Shipbuilding Program PMS 400D6 – AEGIS (DDG 51) Shipbuilding Program Post Delivery Manager PPIRS – Past Performance Information Retrieval System PRT – Post Repair Trials PSA – Post Shakedown Availability SCN – Shipbuilding Conversion, Navy SHIPALT – Ship Alteration SI – Standard Item SID – Ship Installation Drawing SLIN – Sub Line Item Number SPI – Schedule Performance Index SRA – Selected Restricted Availability STOV – Safe to Operate Vessel SUPSHIP – Supervisor of Shipbuilding TI – Technical Instruction TYCOM – Type Commander
CLAUSES INCORPORATED BY FULL TEXT
B-2 DETERMINATION OF FEE (NAVSEA) (APR 2015)
(a) Minimum Fee
The base fee, as set forth in Section B of this contract, shall constitute a minimum fee to be paid for the performance of this contract. The Base Fee shall be paid in accordance with the clause of this contract entitled "FIXED FEE" (FAR 52.2168).
(b) Award Fee
In addition to the minimum (or base fee) to be paid hereunder, if any, the Contractor may earn an award fee as determined by the Fee Determining Official (FDO). The Government's purpose in granting an award fee is to encourage and reward superior performance of this contract. The specifics for evaluation are set forth in paragraphs that follow.
(c) Award Fee Board (AFB)
The Contractor's performance evaluation for each period will be conducted by an AFB of not more than eight members consisting of:
Chairperson
| Primary: | Supervisor/Commander, Naval Supervising Activity (NSA) |
| Alternate: | Supervisor/Commander, Naval Supervising Activity (NSA) Designated Representative |
Members
| (1) | Primary: | Naval Supervising Activity representative (Engineering) |
| Alternate: | Naval Supervising Activity representative (Engineering) Designated Representative |
| (2) | Primary: | NAVSEA Procurement Contracting Officer |
| Alternate: | NAVSEA Procurement Contracting Officer Designated Representative |
| (3) | Primary: | AEGIS Shipbuilding Program Post Delivery Manager (PMS 400D6) |
| Alternate: | AEGIS Shipbuilding Program Post Delivery Manager (PMS 400D6) Designated Representative |
| (4) | Primary: | Naval Supervising Activity representative (Quality Assurance) |
| Alternate: | Naval Supervising Activity representative (Quality Assurance) Designated Representative |
(d) Fee Determining Official
The FDO, the AEGIS Shipbuilding Program Manager (PMS 400D), shall make determinations of the award fee due to the Contractor based upon the performance evaluation conducted by the Award Fee Board established pursuant to paragraph (c) above.
(e) Award Fee Determination
(1) Within ten (10) days after the end of the evaluation period the Contractor shall, if desired, submit a self-assessment report to the AFB. This written assessment of the Contractor’s performance throughout the award fee period shall address each of the award fee factors and state the Contractor’s calculated available award fee pool for the evaluation period. It shall contain supporting documentation and may also contain other relevant information, including any mitigating circumstances that may be reasonably expected to assist the AFB and FDO in determining the fee amount.
(2) Within twenty (20) days after the end of the evaluation period and receipt of all required CDRL deliverables, the PMS 400D6 Hull Manager shall provide a Fee Recommendation Report of Contractor performance to the AFB. This report shall clearly identify specific evaluation categories, factors or elements, and state the PMS 400D6 Hull Manager’s recommended award fee for the evaluation period.
(3) The AFB evaluation will be scheduled following receipt of required CDRL deliverables, Contractor self-assessment, and PMS 400D6 Hull Manager’s recommendation. The Contractor will be provided the opportunity to present a self-assessment brief at the Award Fee Board evaluation. This brief shall not exceed thirty (30) minutes. After reviewing both the Contractor’s and PMS 400D6 Hull Manager’s input, the Board will arrive at a consensus on the performance rating and advise the FDO of its recommendation and supporting rationale.
(4) Within ten (10) working days from receipt of AFB's recommendation, the FDO shall submit to the Procuring Contracting Officer (PCO)/Administrative Contracting Officer (ACO), as applicable, his determination of the award fee earned. The PCO/ACO will notify the Contractor of the determination of the award fee.
(5) Within fifteen (15) working days after receipt of the FDO’s final determination and the Procurement Request (PR), the Contracting Officer will issue a unilateral modification to the contract to provide for the award fee earned for that period.
(f) Fee Determination Official’s Determination
Determinations of the FDO with respect to the amount of the award fee to be paid to the Contractor and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government.
(g) Award Fee Plan
During the evaluation period, the Contractor may earn award fee for exceeding performance objectives. The performance objectives are categorized in the following areas: schedule, technical, management, and cost. Their relative importance is reflected by the weighting factors provided below:
| Performance Objectives |
| Weighting |
| Schedule Performance |
| 30% |
| Technical Performance |
| 25% |
| Management Performance |
| 25% |
| Cost Performance |
| 20% |
NOTE: The Government may unilaterally change the performance objectives and/or category weights by written notification from the PCO no later than ten (10) working days prior to the commencement of the evaluation period for the ship.
(1) Performance Objectives
The following performance objectives will be evaluated during the evaluation period.
a. Schedule – Emphasis will be placed on the Contractor’s efforts toward development and achievement of aggressive, yet manageable, schedules to support major PSA milestones. The Contractor is to schedule all work to ensure that 70% of the production work is accomplished by the 50% point of the availability, and that major milestones occur as early as possible to ensure a successful PSA. Adherence to or improvement upon scheduled key events and major production milestones is considered essential. It will also require the Contractor to incorporate growth and new work within the overall schedule. Measures of success include:
i. Strict adherence to the PSA schedule milestone dates provided by the government prior to the start of PSA and accommodating growth and new work. Actual completion dates will be compared to scheduled dates. Accelerating schedule while maintaining quality is recognized as superior performance.
ii. Adherence to or improvement upon the integrated schedule for the entire PSA work package as measured by the final Schedule Performance Index (SPI) at the end of the PSA.
iii. Timely completion and turnover to the Government of compartments in accordance with the Compartment Close-out schedule provided by the Contractor and approved by the Navy.
iv. Development of an IMS that supports completing 70% of the production work by the 50% point of the PSA, including incorporation of all new and growth work.
v. Completing all requirements for availability work certification Key Events, in accordance with CNRMC Instruction 4700-C211/091, Surface Ship Availability Work Certification and Completion Requirements.
b. Technical – Emphasis will be placed on accomplishing the PSA work package with quality workmanship and minimal re-work. Contractor ability to clearly identify and resolve shipboard production and test problems will be assessed. Accuracy of the work packages and test procedures is integral to success. Care and protection of the ship and equipment during an intrusive industrial environment is considered an important element of the PSA. Prevention of equipment damage and contamination from industrial debris and proactive protection including application of appropriate covers and proper utilization of storage facilities will be assessed. Maintenance of safe and clean work areas free from accumulated industrial debris and rubbish is essential. Measures of success include:
i. Effectiveness of the Compartment Close-out process in delivering compartments without deficiencies.
ii. Quality of the workmanship as measured by equipment and material deficiencies identified during the Post Repair Trials conducted at the conclusion of the PSA and associated manhours required to correct them.
iii. Quality of workmanship as measured by the re-work required to correct defective repairs and deficient work performed on equipment and shipboard spaces as part of the PSA work package.
iv. Effectiveness of the Contractor to identify and quickly resolve safety, care, and protection problems on the ship during PSA.
v. Quality, timeliness, and accuracy of Objective Quality Evidence (OQE) submittals during the availability certification process.
c. Management – Emphasis will be placed on the Contractor’s effective and efficient management of resources (manpower) during the PSA and ability to manage growth and new work. Consideration will be given to timely negotiation and definitization of changes, including prompt and timely submission of proposals, notification to the Government of any identified problems, reasonableness of estimates, and provision of information required by the Government for negotiations. Timely and accurate submission of contract deliverables, particularly schedule and cost data, crucial to Government oversight is considered essential. Cooperation with the new construction shipbuilder and support of the Contractor with the integration of outstanding new construction DD250 work items into the overall PSA schedule is mandatory. Active Contractor participation and preparedness for PSA Planning Conferences to discuss work packages, schedules, and execution planning is required. Measures of success include:
i. Effectiveness of the Contractor’s workload management plan, comparing actual manning to projected manning.
ii. Willingness to accept new work and ability to incorporate work package growth within PSA schedule constraints.
iii. Judicious use of overtime where contractually authorized, striking the appropriate balance between cost and responsiveness.
iv. Quality and accuracy of CDRL deliverables, particularly those associated with cost and schedule reports.
v. Timeliness of CDRL deliverables by rigorous adherence to deadlines.
d. Cost – The most significant goal in this performance objective is accomplishment of work within the Section B CLIN/SLIN pricing. The Contractor is required to provide realistic cost estimates and negotiate changes to completion CLINs in a timely manner. Accuracy of Estimate at Completion (EAC) to projected cost is considered a reflection of cost control. Accurate cost accounting (e.g., of labor, materials, management) of both prime and subcontractors is required. Proactive identification of cost problems, to include timely variance analysis, and Contractor effectiveness in problem resolution will be evaluated. Implementation of cost savings techniques will be viewed favorably. Measures of success include:
i. Providing timely estimates of work tasked by the Government under level of effort CLINs. Particularly crucial is new work and growth identified during the course of the PSA.
ii. Accuracy of the estimated costs by compared to actual costs and the Estimate at Completion (EAC).
iii. Cost management of the entire PSA work package as measured by the final Cost Performance Index (CPI) at the end of PSA. CPI will be measured both in cost (dollars) and Direct Production Labor (DPL manhours).
iv. The cost associated to correct equipment and compartment damage on the ship during PSA attributable to inadequate care and protection.
(h) Evaluation Period/Award Fee Pool
(1) Award Fee Period
The Award Fee Board will evaluate the Contractor's performance on all active line items during the evaluation period for each ship’s PSA. Each evaluation period is defined as:
Start - Upon contract award and/or option exercise for each ship’s PSA effort, as applicable.
End - 90 days after each ship’s PSA Completion Date.
(2) Award Fee Pool
For completion-type CLINs (0001 and 0101): The Award Fee Pool for each CLIN is as stated in Section B of the contract, for all awarded/exercised CLINs.
For Level-of-Effort-type (LOE-type) CLINs (0002, 0003 and 0004): The Award Fee Pool for each evaluation period for each CLIN/SLIN shall be calculated as follows:
Award Fee Pool = (Percent of hours awarded that were delivered during evaluation period) x (Total Award Fee per CLIN/SLIN from Section B)
Where:
Percent of hours awarded that were delivered during evaluation period = (Actual Hours delivered during evaluation period for each CLIN/SLIN) / (Hours Required by Section B for given CLIN/SLIN)*
*For purposes of calculating actual hours delivered, the prime Contractor shall report actual hours delivered inclusive of subcontractor hours regardless of the subcontract type. No other method of calculating actual hours, such as dividing incurred cost by the Section B rate, is acceptable.
(3) There shall be no rollover of unearned award fee.
(i) Performance Ratings
In evaluating Contractor performance, the following performance ratings and corresponding numerical award fee ratings will be used:
PERFORMANCE RATING TABLE
| Award-Fee Adjectival Rating |
| Award-Fee Numerical Score |
| Description |
| Excellent |
| 91% - 100% |
| Contractor has exceeded almost all of the significant award-fee criteria and has met overall cost, schedule, management and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period. |
| Very Good |
| 76% - 90% |
| Contractor has exceeded many of the significant award-fee criteria and has met overall cost, schedule, management and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period. |
| Good |
| 51% - 75% |
| Contractor has exceeded some of the significant award-fee criteria and has met overall cost, schedule, management and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period. |
| Satisfactory |
| No Greater Than 50% |
| Contractor has met overall cost, schedule, management and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period. |
| Unsatisfactory |
| 0% |
| Contractor has failed to meet overall cost, schedule, management and technical performance requirements of the contract as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period. |
(j) Maximum Fee
The base fee shall not exceed (to be completed at award)% and the award fee shall not exceed (to be completed at award)%. In no event shall the total fee (base fee plus award fee) under this contract exceed ten percent (10%) of the total estimated fee-bearing cost.
(k) Payment of Award Fee
The Contractor shall be paid award fee, if any, upon submittal of a proper invoice or voucher to the cognizant Payment Office, together with a copy of the unilateral modification to the contract authorizing payment of award fee for the Evaluation Period. The Contractor's invoice must cite the appropriate accounting data in order for payment to be affected. There will be no provisional, interim, or advance billing of award fee prior to a final determination of the FDO and execution by the contracting officer of a contract modification authorizing payment.
B-3 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)
(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
B-4 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)
The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.
B-5 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993) (Applicable to CLINS 0001, and if exercised 0101)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.
(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to To be completed by the Navy at contract award percent (To be completed by the Navy at contract award%) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.
(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22) or "LIMITATION OF COST" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.
(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.
B-6 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010) (Applicable to CLINs 0002, 0003 and if exercised CLIN 0004)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.
(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.
B-7 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)
(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.
(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:
(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.
(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.
(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.
(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.
(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).
(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.
(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.
(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.
B-8 TRAVEL COSTS – ALTERNATE I (NAVSEA) (APR 2015)
(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by DCAA.
(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.
(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.
(d) The Contractor shall not be reimbursed for the following daily local travel costs:
(i) travel at U.S. Military Installations where Government transportation is available,
(ii) travel performed for personal convenience/errands, including commuting to and from work, and
(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.
B-9 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)
This entire contract is cost type.
Section C - Descriptions and Specifications
NAVSEA Standard Items shall be invoked on each award or option executed under the contract. The Fiscal Year (FY) applicability of the NAVSEA Standard Items will be determined by the FY in which the availability will be executed.
The Contractor, under the direction of the assigned Administrating Contracting Officer (ACO), and as independent Contractor and not as an agent of the Government, shall furnish materials, services, and facilities (except those expressly identified in this contract or an attachment as furnished by the Government) necessary for the accomplishment of the following work:
CLIN 0001 - POST SHAKEDOWN AVAILABILITY (PSA)
The Contractor shall provide support for the total Post Shakedown Availability (PSA) effort for RALPH JOHNSON (DDG 114), to include program management, planning, engineering, estimating, design, liaison, scheduling and participation in PSA Planning Conferences and Design Reviews. The Contractor’s management efforts shall be those necessary to support the total PSA effort and the following tasks:
1. The Contractor shall develop a key events schedule to support Combat System testing, scheduling of critical work item networks, material ordering schedules, and Post Repair Trials (PRTs) in accordance with NAVSEA Standard Item 009-111.
2. The Contractor shall generate a complete technical analysis of anticipated problems including identification of the potential impact of each problem and recommendations for corrective action.
3. For each PSA, the Contractor shall support and attend the following meetings and conferences as described below:
· Two PSA Planning Conferences prior to PSA commencement
· Weekly design Reviews weekly during the PSA
· Daily logistics status meeting during the PSA
· Daily combat systems meeting during the PSA
· Conduct daily production meeting during the PSA to review status of all critical path and near term PSA milestone related work items.
· Other meetings as directed by the Contracting Officer’s Representative (COR)
4. The Contractor shall maintain central files or record copies that shall include reproducible copies (including CD-R) of the data that are generated for delivery under this contract, and provide real time access to the government within a 24 hour period of request.
5. The Contractor shall assist the PSA Planning Yard with revisions to Ship Selected Record drawings and data to reflect the accomplishment of work accomplished by the executing yard during the PSA.
6. In identifying and providing material requirements and long lead items lists to meet the requirements of the work specifications, the Contractor shall to the maximum possible extent, utilize equipment and components identical to those of the DDG 51 Class ships as described in Section C clause “STANDARDIZATION.”
7. The Contractor shall provide assistance to support certifications or re-certifications required as a result of work accomplished during the PSA.
8. The Contractor shall participate in Final Contract Trials (FCT) and subsequent trial card screening sessions, in an observer capacity, for the purpose of becoming familiar with the ship and the FCT deficiencies.
9. The Contractor shall provide a man-loading chart depicting proposed manning from the start of the availability to the completion. During PSA, the Contractor shall provide, on a weekly basis, the planned manning schedule versus the actual manning achieved. The data shall be presented both numerically as well as graphically.
10. The Contractor shall provide earned value metrics on a weekly basis from the start of the availability to the completion. The data shall depict budgeted vs. actual costs and schedule performance both graphically and numerically. Prior to and during PSA, the Contractor shall provide regular EAC status reports. All EACs shall be accompanied by the applicable Direct Production Labor (DPL) for both the prime and subcontractor effort. Reports shall be provided monthly beginning three months prior to PSA Start then weekly during PSA until the Shipbuilding Conversion, Navy (SCN) Obligation Work Limiting Date (OWLD).
11. At the beginning of week three of the PSA, the Contractor shall develop and provide a Compartment Close-out schedule to support the scheduled accomplishment of key milestones. The Contractor shall provide updates as required until all compartments have been turned over to the Government.
12. Prior to the start of PSA the Contractor shall develop and provide an Integrated Master Schedule (IMS) that will link all work item activities with the key milestones in accordance with NAVSEA Standard Item's. The IMS shall integrate all work tasked to the Contractor for accomplishment during the PSA, as well as work tasked to the PSA Planning Yard, New Construction Shipbuilder deferred and warranty work, and all work to be accomplished by Alteration Installation Teams (AITs). The Government shall provide schedules and points of contact for all work to be integrated that is not tasked to the Contractor. The IMS shall be structured such that 70% of production work is complete by the 50% point of the PSA, and that work tasked to the contractor that affects Combat Systems (C/S) and Hull Mechanical and Electrical (HM&E) testing is complete by the C/S Production Complete Date (PCD) and PCD Milestones, in accordance with NAVSEA SI 009-117 and 009-43. C/S PCD and PCD milestones will be determined by the government and provided to the contractor at contract or option award. The Contractor shall provide updates to the IMS as required until the conclusion of the PSA. All work tasked to the Contractor shall be complete two weeks prior to the conclusion of the PSA to support Light Off Assessment (LOA), Safe To Operate Vessel (STOV), and PRTs.
13. The Contractor shall develop and maintain a Test and Inspection Plan in accordance with NAVSEA SI 009-04. The Contractor shall support responses to requests by the COR and applicable NSA personnel for Objective Quality Evidence (OQE) and condition found reports.
CLIN 0002- LEVEL OF EFFORT AND MATERIAL FOR RALPH JOHNSON (DDG 114) PSA
The Contractor shall provide all material and labor required to perform work necessary to complete the PSA inclusive of test and trials. The Contractor efforts shall include temporary protection services, cleaners/laborers, transportation services and production supervision above the leading man-level necessary to support work as tasked in accordance with the technical instruction clause. The Contractor shall conduct tests, except those designated as Government responsible, and participate in Post Repair Sea Trials, to verify the accuracy and completion of all shipyard industrial work in accordance with work tasked via the technical instructions clause and the following:
1. Equipment, single system and integrated ship system level tests shall be conducted to demonstrate operations and contract compliance as specified in work item specifications.
2. Post Repair Sea Trials shall be conducted in accordance with Section 094 of the DDG 51 Class ship specifications except as follows:
a. Post Repair Sea Trials will be conducted by the Government. The operation and navigation of the ship will be under control of the Government. The Contractor shall provide a sea trial coordinator and agreed upon craft personnel, including supervision, to effect emergent repairs during Post Repair Sea Trials. The Contractor shall participate in PRT card screening sessions.
b. Correction of deficiencies identified during Post Repair Sea Trials shall be completed by the Contractor prior to end of PSA. Exceptions shall be as agreed upon by the Contracting Officer with concurrence with the on-site COR.
3. The Test Procedures used to conduct the test shall be those applicable procedures from the Testing Index and Test Numbering System for DDG 51, NAVSEA DWG 802-6215563 Latest Revision (Attachment J-3). The Contractor shall prepare a Test Plan that includes a test index, test procedures and test schedule that addresses all equipment and systems impacted by work performed during the PSA. The tests shall be run as specified in work item specifications. Test documentation not furnished by the Government as part of the Work Item specification shall be developed by the Contractor.
4. The Contractor shall provide ship services and test support personnel during the conduct of Government responsible tests and trials. The Contractor shall test or re-test all supporting and interfacing equipment, systems and structures involved in new installations to ensure completeness and proper operation. The Contractor shall develop and submit recommended trial agenda items to the on-site COR for approval and provide trial support. The Contractor shall coordinate its Test Plan with Ship’s Force and on-site COR. Results of tests and trials shall be documented by Test Reports.
5. Notwithstanding the requirements set forth in the ship specifications, the Contractor shall not be required to conduct non-recurring tests such as shock, noise, vibration or reliability and maintainability on equipment, systems and interfaces for Government Furnished Equipment, unless any such nonrecurring test is specifically required to be conducted by a work item specification.
CLIN 0003 – FINAL CONTRACT TRIALS (FCT), FLEET READINESS & INSPECTION, AND EMERGENT WORK
The Contractor shall provide additional support for Fleet and TYCOM engineering readiness inspections and FCT, as tasked in accordance with the technical instruction clause. The Contractor shall also provide labor to correct discrepancies as directed in accordance with the technical instruction clause. These discrepancies will include, but are not limited to structural, piping, electrical, machinery, auxiliary and combat system deficiencies. Additionally, the Contractor shall provide additional support to complete emergent work identified prior to, during, and following the PSA (up to SCN OWLD) and other work in addition to work identified during performance of CLIN 0002 as directed in accordance with the technical instruction clause.
CLIN 0004 (option) – INDUSTRIAL SUPPORT FOR SHIPALTS (OPN)
The Contractor shall provide engineering, design, planning and additional industrial support to support the implementation of Ship Alterations (SHIPALTs) selected for installation during the PSA, as tasked in accordance with the technical instruction clause. These alterations will be selected and individually funded, as applicable, after contract award. The Contractor will provide support services necessary for accomplishment of engineering, design and production work including temporary protection services, cleaners/laborers, transportation services and production at the leading man-level and below. The Contractor shall provide all material necessary to support the performance of this effort.
CLIN 0005 – Data for CLINs 0001, 0002, 0003, and if Option is exercised, 0004 and 0101
The data to be furnished hereunder shall be prepared in accordance with Attachment J-1, Contract Data Requirements List, DD Form 1423, Exhibit(s) A, attached hereto.
CLIN 0101 (option, separately priced) – AVAILABILITY EXTENSION
The Contractor shall provide all services and support outlined in CLINs 0001, to extend the availability by six (6) weeks plus one day for a total of a 14 week plus one day, 99 day availability. NAVSEA Standard Item 009-60 is applicable if this option is exercised. All additional costs associated with CLIN 0001 for the additional six (6) weeks shall be priced into this CLIN. This CLIN shall be separately priced.
C-1 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)
(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).
(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.
(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.
(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.
(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.
(f) Compliance with this requirement is a material requirement of this contract.
C-2 ACCESS TO THE VESSEL(S) (NAVSEA) (SEP 2016)
Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.
C-3 ACCESS TO THE VESSEL(S) CLAUSE ADDENDUM
During the PSA, access to the Contractor’s facility, Naval shipyard, and the ship will be required by personnel from other Government entities responsible for ensuring a successful PSA. These entities include but are not limited to Program Executive Office (PEO) Ships, PEO Integrated Warfare Systems (IWS), Naval Surface Warfare Center (NSWC) Carderock Division (NSWCCD), NSWC Dahlgren Division (NSWCDD), NSWC Port Hueneme Division (NSWCPHD),NSWC Philadelphia Division (NSWCPD), Fleet Technical Service Center, Pacific (FTSC PAC), Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF), Northwest Regional Maintenance Center (NWRMC), and Naval Air Warfare Center Aircraft Division (NAWCAD). Other Contractor personnel including shipbuilders, equipment manufacturers, and support contractors will require access as well. These contractors include, but are not limited to, Huntington Ingalls, Inc. (HII), Bath Iron Works (BIW), BAE SYSTEMS,CSRA, Lockheed Martin, General Electric (GE), Raytheon, L3 Communications, Sayres and Associates, Engility Corporation, R&P Technologies, and Alion Science and Technology. All such Government personnel and other Contractor personnel shall be provided access to the shipyard and vessel(s) in accordance with clauses C-2, “ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)” and C-4, “ACCESS TO VESSELS BY NONU.S. CITIZENS (NAVSEA) (DEC 2005).”
C-4 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (SEP 2016)
(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST 5510.3 ( ).
(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access Control Plan (ACP) which shall contain as a minimum, the following information:
(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.
(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.
(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.
(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.
(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.
(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.
(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.
(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.
(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.
(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S.,…
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